2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 53 - ABSENT VOTERS
53.23 - SPECIAL PRECINCT ELECTION BOARD.

        53.23  SPECIAL PRECINCT ELECTION BOARD.
         1.  The election board of the absentee ballot and special voters
      precinct shall be appointed by the commissioner in the manner
      prescribed by sections 49.12 and 49.13, except that the number of
      precinct election officials appointed to the board shall be
      sufficient to complete the counting of absentee ballots by 10:00 p.m.
      on election day.
         2.  The board's powers and duties shall be the same as those
      provided in chapter 50 for precinct election officials in regular
      precinct polling places.  However, the election board of the special
      precinct shall receive from the commissioner and count all absentee
      ballots for all precincts in the county; when two or more political
      subdivisions in the county hold elections simultaneously the special
      precinct election board shall count absentee ballots cast in all of
      the elections so held.  The tally list shall be recorded on forms
      prescribed by the state commissioner.
         3. a.  The commissioner shall set the convening time for the
      board, allowing a reasonable amount of time to complete counting all
      absentee ballots by 10:00 p.m. on election day.
         b. (1)  The commissioner may direct the board to meet on the
      day before the election for the purpose of reviewing the absentee
      voters' affidavits appearing on the sealed affidavit envelopes.  If
      in the commissioner's judgment this procedure is necessary due to the
      number of absentee ballots received, the members of the board may
      open the sealed affidavit envelopes and remove the secrecy envelope
      containing the ballot, but under no circumstances shall a secrecy
      envelope be opened before the board convenes on election day, except
      as provided in paragraph "c".  If the affidavit envelopes are
      opened before election day pursuant to this paragraph "b", two
      observers, one appointed by each of the two political parties
      referred to in section 49.13, subsection 2, shall witness the
      proceedings.  The observers shall be appointed by the county
      chairperson or, if the county chairperson fails to make an
      appointment, by the state chairperson.  However, if either or both
      political parties fail to appoint an observer, the commissioner may
      continue with the proceedings.
         (2)  If the board finds any ballot not enclosed in a secrecy
      envelope and the ballot is folded in such a way that any of the votes
      cast on the ballot are visible, the two special precinct election
      officials, one from each of the two political parties referred to in
      section 49.13, subsection 2, shall place the ballot in a secrecy
      envelope.  No one shall examine the ballot, except as provided in
      paragraph "c".
         c.  For the general election, the commissioner may convene the
      special precinct election board on the day before the election to
      begin counting absentee ballots.  However, if in the preceding
      general election the counting of absentee ballots was not completed
      by 10:00 p.m. on election day, the commissioner shall convene the
      special precinct election board on the day before the next general
      election to begin counting absentee ballots.  The board shall not
      release the results of its tabulation pursuant to this paragraph
      until the count is completed on election day.
         4.  The room where members of the special precinct election board
      are engaged in counting absentee ballots on the day before the
      election pursuant to subsection 3, paragraph "c", or during the
      hours the polls are open shall be policed so as to prevent any person
      other than those whose presence is authorized by this subsection from
      obtaining information about the progress of the count.  The only
      persons who may be admitted to that room are the members of the
      board, one challenger representing each political party, one observer
      representing any nonparty political organization or any candidate
      nominated by petition pursuant to chapter 45 or any other nonpartisan
      candidate in a city or school election appearing on the ballot of the
      election in progress, one observer representing persons supporting a
      public measure appearing on the ballot and one observer representing
      persons opposed to such measure, and the commissioner or the
      commissioner's designee.  It shall be unlawful for any of these
      persons to communicate or attempt to communicate, directly or
      indirectly, information regarding the progress of the count at any
      time while the board is convened pursuant to subsection 3, paragraph
      "c", or at any time before the polls are closed.
         5.  The special precinct election board shall preserve the secrecy
      of all absentee and provisional ballots.  After the affidavits on the
      envelopes have been reviewed and the qualifications of the persons
      casting the ballots have been determined, those that have been
      accepted for counting shall be opened.  The ballots shall be removed
      from the affidavit envelopes without being unfolded or examined, and
      then shall be thoroughly intermingled, after which they shall be
      unfolded and tabulated.  If secrecy folders or envelopes are used
      with provisional paper ballots, the ballots shall be removed from the
      secrecy folders after the ballots have been intermingled.
         6.  The special precinct election board shall not release the
      results of its tabulation on election day until all of the ballots it
      is required to count on that day have been counted, nor release the
      tabulation of provisional ballots accepted and counted under chapter
      50 until that count has been completed.  

         Section History: Early Form

         [SS15, § 1137-j; C24, 27, 31, 35, 39, § 949; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 53.23] 

         Section History: Recent Form

         90 Acts, ch 1238, § 30; 92 Acts, ch 1163, § 13; 95 Acts, ch 189,
      §16; 97 Acts, ch 170, § 73; 2005 Acts, ch 19, §23; 2007 Acts, ch 59,
      §29, 38; 2007 Acts, ch 215, §232; 2008 Acts, ch 1115, §104; 2009
      Acts, ch 140, §1
         Referred to in § 39A.1, 39A.4, 39A.5, 50.20, 50.22, 50.50, 53.20,
      53.30, 53.31, 53.49